Baroness Ashton of Upholland: The Justice and Home Affairs Council will be held on 27–28 April 2006 in Luxembourg. I shall be attending the meeting with my noble and learned friend the Attorney-General, Lord Goldsmith. The Home Secretary, the right honourable Charles Clarke, will also be attending. I thought it would be useful to outline the main issues I expect to be discussed at this council meeting. While I would normally have made this Statement earlier, the presidency tabled a large amount of the Council business for discussion at preparatory meetings this week and I wanted to be able to give the House the most accurate picture possible of what I expect to be discussed.
	In the mixed committee formation prior to the Council itself, there will be a discussion of the French initiative to raise the charges on the processing of Schengen visa applications. The UK does not opt into this measure and so will not participate in this discussion. The presidency will seek views from member states on certain issues concerning the legal base for the second generation Schengen Information System, as well as updating on the state of play.
	There is likely to be a political discussion of the proposal for a Council decision on the improvement of police co-operation, especially at the internal borders. The presidency has put forward two options: first to accept the text as currently drafted; or secondly, for the Council to agree to suspend negotiations on this measure. The Government feel that the outstanding issues could be resolved with more time, but that we would not be able to accept the text as currently drafted without the option of dual criminality applying for cross-border surveillance. We believe that it is reasonable to seek to apply dual criminality in this area, where not to do so would mean that police officers from one member state could conceivably have greater powers than domestic officers on the territory of another member state.
	There will also be an update on the state of play in discussions on the proposal for a data protection framework decision to regulate the handling of personal data within the fields of police and judicial co-operation. The aim of the proposal is to enhance the sharing of intelligence in the fight against crime and terrorism by providing common standards for the handling of data. The Government fully support the broad objectives of the proposal, but are working to ensure that the ultimate framework is not overly bureaucratic or so onerous that it has the effect of reducing the effectiveness of law enforcement agencies. In particular, we continue to question whether the proposal can or should apply to all domestic processing.
	In the main Council format, there will be presentations and discussions on the issue of human trafficking. This was one of my main priorities for the UK presidency and we made great progress agreeing the action plan. The presidency, the Commission and Europol will give an update on the implementation of the action plan. The Council also intends to adopt Council conclusions on preventing and combating trafficking in human beings on the basis of the EU action plan and including trafficking in connection with major international events, with specific reference to the 2006 football World Cup. There will also be a presentation on the implementation of the EU external relations strategy, which was again agreed under the UK presidency.
	The presidency will be seeking to make progress, following attempts in 2004, on agreement of a list of safe countries of origin with regard to asylum claimants. The UK has already seen the benefits of working closely with countries which are generally safe, as this can act to deter unfounded asylum claims. The Government will support the presidency in its efforts to agree an EU list, but it will of course be important to ensure that the right countries are on the list.
	I understand that the presidency has invited Peter Sutherland, the United Nations Secretary General's special representative, to make a short presentation to the Council on the UN high level dialogue on international migration and development. I am pleased that there will be this opportunity for discussion as the Government believe that migration can be a positive force for development.
	Rome II, Law applicable to non-contractual obligations, is on the agenda because it is the aim of the Austrian presidency to reach political agreement on all articles. The UK will support the presidency as we have made real progress in improving this regulation over many months of difficult negotiations. Even so, political agreement in the Council will not be the end of the negotiations. The UK has consistently argued that the scope of Rome II is too broad and not compatible with the instrument's treaty base under Article 65 of the EC Treaty. We have not had the support of most member states on this. The effect on the law of defamation is not yet finally resolved. The UK has argued for a solution which would protect the important principle of freedom of expression of the media and ensure the proper functioning of the internal market. It was clear from discussion at the JHA Council in February that excluding defamation from the scope of Rome II was the only realistic way of securing political agreement on this issue. We regard this as acceptable and can support it in the Council. It is likely that the UK will reiterate its concerns about scope during the Council. The UK will also continue to urge further improvements on product liability and note the need for consideration on the interaction between Rome II and the Transparency Directive.
	A document concerning questions relating to judicial co-operation in civil matters examined in other Community draft instruments will be presented. The Committee on Civil Law Matters is tasked with ensuring uniformity and coherence in European Community legislation in the area of civil law particularly those covered by Articles 65 and 293 of the EC Treaty. The document lists various instruments which the Committee might be invited to consider in future, and the Council is invited to take note.
	The Council is being invited to open formally the new N-Lex system and to take note of the presentation on the new EUR-Lex system, which will allow European citizens to have direct access to the law of every member state in electronic form and so increase access to justice.
	It is clear from negotiations up to this point that the Framework Decision on Procedural Rights as it is currently drafted will not be agreed by the Council. The presidency has proposed the creation of an ad hoc working party to explore alternative approaches. The UK will support the presidency's proposal for this working party when it is discussed at the council.
	The presidency will seek to have a discussion on some of the outstanding issues on the European evidence warrant (EEW). The UK is broadly content with the framework decision as it is currently drafted, having made a great deal of progress on it during the UK presidency, and we believe it will be an important part of the mutual recognition agenda. However, concern has been expressed about the clarity of the definitions of those offences to which the principle of dual criminality would not apply. The UK feels that the same principle should apply in this measure as in the European arrest warrant and that a more strict definition of these offences is not necessary. There are also likely to be discussions of whether data retained under the Directive on the Retention of Telecommunications Data should be included in the scope of the EEW. All member states agree that it is too soon to apply mutual recognition principles to this area of judicial co-operation, and are therefore content to leave this to the second stage EEW (which is due in 2007).
	There will also be a discussion of one of the remaining issues on the Framework Decision on the Enforcement of Sentences. The presidency has suggested a compromise that would mean that double criminality would not be required for the majority of cases for the purposes of prisoner transfers, but would allow those member states that wish to continue to apply the principle to do so. The Government believe this provides an effective compromise as a basis for further discussions.
	We expect the Council to reach a general approach on the agreement between the EU and Norway and Iceland on a surrender procedure, subject to final consideration of the form to be used for requesting extradition. The UK supports enhanced extradition arrangements with Norway and Iceland along the lines of the EAW model and therefore supports the presidency's efforts to bring this negotiation to a close.
	We expect the presidency to seek to reach a general approach on the Council framework decision on the fight against organised crime.
	Finally, there is likely to be a presentation by the presidency regarding a high level political dialogue between the Council, Commission and European Parliament on the fight against terrorism, which was agreed as part of the EU counter-terrorism strategy in December.

Lord Rooker: My right honourable friend the Secretary of State for Northern Ireland (Peter Hain) has made the following Ministerial Statement.
	I have received the 10th report of the Independent Monitoring Commission (IMC). This report has been made under Articles 4 and 7 of the international agreement that established the commission. I have considered the content of the report and I am today bringing it before Parliament. I have placed copies in the Library of the House.
	The commission has provided an assessment of ongoing levels of paramilitary activity and criminality.
	In respect of the Provisional IRA, the report states that "it remains our absolutely clear view that the PIRA leadership has committed itself to following a peaceful path. It is working to bring the whole organisation fully along with it and has expended considerable effort to refocus the movement in support of its objective". The report also observes that "in the last three months this process has involved the further dismantling of PIRA as a military structure".
	The report notes that progress with regard to other paramilitary groups remains "extremely uneven". It further notes that "dissident republicans remain determinedly committed to terrorism and deeply engaged in other crime, but they are not always capable of fulfilling their paramilitary ambitions and have recently been foiled by successful police operations. The indications on the loyalist side that some would like to wean the paramilitary groups from violence to community and other lawful activities have still to bear significant fruit".
	The report recognises that some organised crime continues, and is an issue for both republican and loyalist paramilitaries. However, it notes, "we have found signs that PIRA continues to seek to stop criminal activity by its members and to prevent them from engaging in it. We believe that some senior PIRA members may be playing a key role in this. This seems to us to be in accordance with the publicly articulated strategy. We believe that volunteers who had previously engaged in illegal fundraising have been told to refrain from doing so". The report observes that some members of PIRA remain involved in organised crime but categorises them "as distinct from the organisation itself".
	On the issue of arms, the report states that "we did not say three months ago that the PIRA leadership had in any way given instructions to retain arms. Indeed, our present assessment is that such of the arms as were reported to us as having been retained would have been withheld under local control despite the instructions of the leadership. We note that, as reported by the Independent International Commission on Decommissioning (IICD), the leadership claimed only to have decommissioned all the arms 'under its control'. The relevant points are that the amount of unsurrendered material was not significant in comparison to what was decommissioned and that these reports do not cast doubt on the declared intention of the PIRA leadership to eschew terrorism and to follow the political path. We will continue to monitor the position".
	On the issue of intelligence gathering, the report notes that "though PIRA has access to people in positions in public and private organisations who could provide them with sensitive information on individuals which might be of use to them, we have no indication that people are currently being tasked to supply such information. While PIRA continues to receive information from members and sympathisers we do not know of information being proactively sought." The report goes on to state that "we are currently not aware of intelligence-related activity which is outside the aims of the July statement."
	The Government believe that this report provides further evidence of the direction of movement that PIRA and its leadership are taking in accordance with its commitments on 28 July 2005. The report is positive in that respect and the Government believe that it should make a helpful contribution to the rebuilding of trust and confidence in Northern Ireland which is necessary for a return to full devolution.
	Once again, I am grateful to the Commission for its submission of this report and for its careful analysis.

Baroness Royall of Blaisdon: Following nearly three weeks of strikes and demonstrations across Nepal in which at least 14 people died, on 21 April King Gyanendra announced that he would hand over executive power to the Seven Party Alliance and invite them to appoint a Prime Minister. On 24 April, King Gyanendra went further and reaffirmed that the,
	"sovereignty of the kingdom of Nepal is inherent in the people of Nepal"
	and reinstated the Parliament of Nepal which he had suspended in 2002. The first session of Parliament is planned for Friday, 28 April.
	On 21 and 25 April, my honourable friend the Minister of State for Foreign and Commonwealth Affairs (Dr Kim Howells) issued statements welcoming these developments, which are a victory for the democratic aspirations of the people of Nepal. The UK has worked closely with the wider international community over many months in support of these aspirations.
	There is much still to be done to secure a fully functioning democracy and peace in Nepal. In the first instance, we hope that calm will return to the streets of Nepal, and that the security forces will exercise the restraint that has been absent from much of their behaviour of in recent weeks and months. In his statement of 21 April, Dr Howells condemned the loss of life that resulted from the excessive use of force by the security forces.
	We further hope that an early result of the recall of Parliament will be a transfer of the Royal Nepalese Army and security forces to full civilian authority, and that these forces will work under a democratic government as soon as it is formed. We would hope to see a ceasefire by both sides to accompany these changes, as a step towards a peace process.
	In November 2005 the Maoists announced an understanding with the Seven Party Alliance which opened up the possibility of reintegrating the Maoists into a democratic political process. A comprehensive peace process, to underpin the political process, remains a key objective. The Maoists must commit to an end to violence. They must commit to democracy by entering into a peace process with the new government, beginning with a ceasefire.
	The role of the King in a future multi-party democracy is for the people of Nepal to determine. He should understand that there can be no rowing back from the transfer of full executive power to a government representing the will of the people.
	A paramount concern for the UK Government throughout the current crisis has been the safety of British citizens and staff in Nepal. We continue to advise against non-essential travel to Nepal while the situation remains unstable. We will continue to keep this under daily review.
	The UK stands ready, with international partners, to work with the new government and the people of Nepal in this new context. We are looking closely at what practical assistance might be appropriate, in the form of development and other support.